SUBORDINATION OF UTILITY INTERESTS - PARCEL 101.3
BOB GRAHAM
GOVERNUR
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Departp1ent at Transportation
Ffarida
City of Clearwater
Mr. William Baker
Public Works Director
900 Chestnut Street
Clearwater, Florida 33516
THOMAS E. DRAWDY
SECRETARY
Post Office Box 1249
Bartow, Florida 33830
September 9 R 1t8t E I V E
SEP 16 1986
Attention: Mr. Bob Perkins
Section:
COW1ty:
W.P.I.#
15150-6550
Pinellas
1116608
Parcel:
1
CI'TY CLEFLK
(R/h' 112550)
Dear Sir:
In reference to the above project, I am enclosing a fully execut:ed
copy of the subordination, parcels 105.5, 103.5, 128.5, 101_:l.._
executed by the Department of Transportation.
Please keep your copy of tlle instD~nt for your records.
Than': you for your cooperation, and if we can be of any furthe:c
assist.arlc:e, plea.se advise.
Sincerely,
//0/~r{it ,/-::
I
~'V. L. Anderib 1 :'7--
District UtiJ.ityEngineer
hLli/hlS
cc: Betty Smith
Robert Scanlonl Legal Operations (\>J/Attachment)
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86199685
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This instrument prepared and
legal description approved
Date: 06-09-86 By: J. W. Dunsfordl,)"
City: Bartowt Florida i/j,')')1
State of Florida '
Department of Transportation
O.R. 8304 P~GE 155
PARCEL NO. 101.3
SECTION 15150-2550
STATE ROAD 55(US 19)
COUNTY Pinellas
SUBORDINATION OF UTILITY INTERESTS
THIS AGREEMENT, entered into thi s ' 30th day of July ,
19 86 t by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter called Departmentt and City of CITY OF CLEARWATERt hereinafter
ca 11 ed City.
WIT N E SSE T H:
WHEREASt the City presently has an interest in certain lands that have
been determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will
require subordination of the interest claimed in such lands by City to the
. Department; and
WHEREASt the Department is willing to pay to have the City1s facilities
relocated if necessary to prevent conflict between the facilities so that
the benefits of each may be retained.
NOWt THEREFORE, in consideration of the mutual covenants and promises
of the parties hereto, City and Department agree as follows:
City subordinates any and all of its interests in the lands described
as follows, to wit:
(A) That part of:
RIGHT OF WAY
The Southeast! of the Northeast! of Section 31, Township 28 Southt Range
16 Eastt Pinellas County, Florida.
Being described as follows:
Commence on the Northerly boundary of Section 31, Township 28 South, Range
16 East at a point 1,275.00 feet North 89035137" East of the Northwest
corner of the Northeast! of said Section 31; run thence South 43005123"
East 987.35 feet to the beginning of a curve concave to the Westerly having
a radius of 2,864.79 feet; thence run Southerly along said curve 1,864.53
feet thru an angle of 37017126" to the end of said curve; thence North
8905811911 West 100.54 feet for a point of beginning and the beginning of a
curve concave to the Westerly having a radius of 2,764.79 feet; thence from
a tangent bearing of North 6000'3811 West run Northwesterly along said curve
435.47 feet thru an angle of 900112811 to the end of said curve; thence
South 61057136" West 41.07 feet to the beginning of a curve concave to the
Westerly having a radius of 2,724.79 feet; thence from a tangent bearing of
South 1405012611 East run Southerly along said curve 415.69 feet thru an
angle of 8044128" to the end of said curve; thence South 89058'1911 East ~
40.23 feet to the point of beginning. ~J
Less existing rights of way.
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Containing 17,023 square feet, more or
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ALSO
(B)
That part of:
RIGHT OF WAY
The Southeast * of the Northeast i of Section 31, Township 28 South, Range '
16 East, Pinellas CountYt Florida.
Being described as follows:
Commence on the Northerly boundary of Section 31, Township 28 South, Range
16 East at a point 1,275.00 feet North 89035'37" East of the Northwest
corner of the Northeast * of said Section 31; run thence South 43005'2311
Page 1
PARCEL 101.3
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East 987.35 feet to the beginning of a curve concave to the Westerly having
a radius of 2,864.79 feet; thence run Southerly along said curve 774.82
feet thru an angle of 15029147" to the e,nd of said curve; thence South
6105713611 West 100.00 feet for a point df beginning; continue thence South
61057136" West 21.43 feet; thence North 26047153" West -42.03 feet; thence
North 61032'56" East 20.54 feet to the beginning of a curve concave to the
Westerly having a radius of 2,764.79 feet; thence from a tangent bearing of
South 28027'041' East run Southeasterly along said curve 42.17 feet thru an
angle of 0052'26" to the end of said curve and to the point of beginning.
G.R. 6304 P~GE 156
Less existing rights of way.
Containing 886 square, feet, more or less.
to the i nterest'of the Department, its successors, or ass i gns, for the
purpose of constructing, improving, maintaining and operating a road over,
through, upon, and/or across such lands, including but not limited to the
claim of interest based on the following:
Nature of Date
Encumbrance
From or Against
In Favor of
Recorded
Book Page
Easement 7-24-74
U.S. Homes of
Florida, Inc.
City of
Clearwater
OR 4199
Pg. 1637
PROVIDED that the following rights are reserved to City:
1. The City shall have the right to, construct, operate, maintain,
improve, add to, upgrade, remove, and relocate facilities on, within, and
upon the lands described herein in accordance with the Department's current
minimum standards for such facilities as! required by the State of Florida,
Department of Transportation, Utility Accommodation Guide, d~ted July,
1979. Any new construction or relocation of facilities within the lands
wi 11 be subject to pri or approva 1 by the Department. Shou1 d the Department
fail to approve any new construction or relocation of facilities by the
City or require the City to alter, adjust, or relocate its facilities
located within said lands, the Department hereby agrees to pay the cost of
such alteration, adjustment, or relocation, including, but not limited to
the cost of acquiring appropriate easements.-
2. The City shall have a reasonable right to enter upon the lands
described herein for the purposes outlined in paragraph 1 above, including
the right to trim such trees, brush, and growth which might endanger or
interfere with such facilities, provided that such rights do not interfere
with the operation and safety of the Department's facilities.
3. The City agrees to repair any damage to Department facilities and
to indemnify the Department against any loss or damage resulting fy'om the
City exercising its rights outlined in paragraphs 1 and 2 above.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
Executed in our presence
as witnesses:
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StATE- F FLORIDA
COUNTY OF POlK
t~STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
By
nt Secretary
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PARCEL 101. 3
Page 2
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The foregoing instrument was acknOW1~dged before me this 13th
day of August t 19 86 I, by W. R. Trefz~!,\:<:' 'I..?,
Deputy Assistant Secretary for District, One " ,,'
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Notary Pub 1 i c~' _' I" ,
State of Florida/ , " ,I.' (~,'" ,"
My Commi ss i on Expi res: INotary Public,Slale 01 F1orldp~~~~
i dEARWi\TERr:y C;~~:Q~~~~iJ;~,~,,\\\8"1989
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O.R. €304 P~GE 157
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Signed, sealed and delivered
in o~r presence as witQesses:
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STATE OF FLORIDA
COUNTY OF PINELLAS
By
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ATTEST:
,i ty 1:1 ~r ,,'
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BEFORE me personally appeared Kathleen F. Ke,k:ly."" ,i,' I and
Cynthia E. Goudeau , to me well known, ,and known to be
the individuals described in and who execute~ the foregoing instrument as
Mayor and City Cler]~ respectively, of the above-named
City and that the seal affixed to the foregoing instrument is the City seal
of said City and the said instrument is the free act and deed of said City.
WITNESS my
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hand and official seal this
19~.
c:Jo6L
day of
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t.i.......... (;:..}f."'v.~ ~J'rI~_ T/:.)y f,;;/I
Approved as to
& correctness:'
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LlUL
City Attorney
PARCEL 101.3
Page 3